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REPUBLIC v. EDNA ORCELINO-VILLANUEVA

FACTS:

Edna and Romeo were married in 1978. In 1992, Edna worked as a domestic helper in Singapore while Romeo worked as a mechanic in Bukidnon. In 1993, Edna heard from their children that Romeo had left their home without any reason or information about his whereabouts. Edna took a leave from work and returned to the country to look for Romeo but found no leads. In 2009, Edna filed a petition to declare Romeo presumptively dead. The RTC granted the petition based on Edna's belief of Romeo's death. The OSG filed a petition for certiorari before the CA, alleging that the RTC decision was in direct opposition to established jurisprudence. The CA dismissed the petition and the OSG filed a motion for reconsideration which was also denied. The OSG then filed a petition for review on certiorari before the Supreme Court.

ISSUES:

  1. Whether or not the CA erred in affirming the RTC decision despite it being contrary to prevailing jurisprudence.

  2. Whether or not the CA erred in ruling that the grounds raised by the petitioner to assail the RTC decision are mere errors of judgment.

RULING:

  1. The Court grants the petition. The RTC and the CA erred in affirming the declaration of presumptive death of the absent spouse. The present spouse failed to prove a well-founded belief that the absentee is already dead, as required by Article 41 of the Family Code. The burden of complying with this requirement necessitates proper and honest-to-goodness inquiries and efforts to ascertain the absent spouse's whereabouts and whether they are still alive. Mere absence, lack of news, failure to communicate, or the general presumption of absence under the Civil Code are not sufficient to establish a well-founded belief. The strict standard approach is necessary to protect and strengthen the institution of marriage. Previous cases have been denied on the basis of failing to meet this standard.

PRINCIPLES:

  • Before a judicial declaration of presumptive death may be granted, the present spouse must prove a well-founded belief that the absentee is dead.

  • A well-founded belief requires diligent and reasonable efforts to locate the absent spouse and a belief, based on these efforts, that the absent spouse is already dead.

  • Mere absence, lack of news, failure to communicate, or general presumption of absence under the Civil Code are not enough to establish a well-founded belief.

  • The strict standard approach ensures that the petitioner cannot use the declaration of presumptive death as a way to conveniently circumvent the laws.